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MO HB2580

Bill

Status

Introduced

2/18/2016

Primary Sponsor

Holly Thompson Rehder

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Amends Section 475.050 RSMo to require courts to appoint guardians following a strict priority order, rather than simply "considering" priority persons as under current law

  • Courts must find a priority person deficient in their ability to serve before selecting someone else as guardian or conservator

  • Priority order for appointment: (1) person nominated by the incapacitated individual if able to communicate, (2) person named in durable power of attorney or written instrument from within 5 years, (3) spouse, parents, adult children, siblings, and close relatives, (4) persons nominated in a probated will

  • When substandard living conditions are claimed as grounds for deficiency, the Department of Health and Senior Services must investigate and report before the court can rule

  • To disqualify a priority person based on living conditions, courts must specifically find the conditions are dangerous or unsanitary and materially affect the life, health, or safety of the incapacitated person

Legislative Description

Changes the laws regarding the priority of persons to be appointed guardian of an incapacitated person or conservator of a disabled person

Last Action

Voted Do Pass (H)

5/2/2016

Committee Referrals

Select Committee on Social Services4/26/2016
Children And Families3/10/2016

Full Bill Text

No bill text available